Sunday, November 24, 2013

Roman Catholic Archbishop of San Francisco v. Sheffield case brief

Petitioner archbishop, sought a writ to
review of a judgment from respondent superior court (California),
which held that petitioner was an "alter ego" of the
church, the bishop of Rome, and the Holy See. Petitioner asserted
that denial of petitioner's motion for summary judgment in suit by
real party in interest was an abuse of discretion.

CASE FACTSPetitioner archbishop challenged a
judgment of respondent superior court, which held that petitioner was
an "alter ego" of the church, the Bishop of Rome, and the
Holy See, asserting that denial of petitioner's motion for summary
judgment in suit by real party in interest was an abuse of
discretion. The real party in interest purchased a dog while traveling in
Switzerland from an order of Catholic monks. The real party in interest
ultimately sued in respondent superior court, which denied
petitioner's motion for summary judgment. Summary judgment was
supported by affidavits that showed petitioner was a separate
corporate entity.

DISCUSSION

On review, the court issued a peremptory writ,
directing the superior court to enter judgment in favor of
petitioner.

The court held there was no evidence to support
application of the "alter ego" doctrine, because there was
no showing that petitioner controlled and dominated the organization
with whom real party in interest contracted.

There was also no
showing that failure to pierce corporate veil would lead to inequity.

Judgment was entered in favor of petitioner.

CONCLUSION
The court issued a peremptory writ, directing the superior court
to enter judgment in favor of petitioner archbishop. The court held
there was insufficient evidence to support application of the "alter
ego" doctrine, as there was no showing that petitioner
controlled and dominated the organization with whom real party in
interest contracted. There was also no showing that failure to pierce
corporate veil would lead to inequity.Recommended Supplements for Corporations and Business Associations Law

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